المسئولية عن حراسة الأشياء: دراسة مقارنة

Abstract

The research aimed to illustrate the conceptof the principal of responsibility that resultant from assault because of an animal, a collapsing of a building or machines that need a sharp look out and specific care. In this concept is awareness to the both individuals and the community. The research importance came to show the dearth that stained the constitutions that organize this kind of responsibility. The researcher relied on the analytic and empiricism curricula and that is through empiricing the Glorious Quran, the Sunna and what Islamic scholars and laws wrote as knowledge; then comparing all that to Sudanese Laws with some others Arabic Legislations such as Jordanian and Egyptian. The researcher concluded through this research the necessity of the existence of new legislations up to date relating to modern industrial development and parallels to international economical growing; the thing that show accompanied to above development new patterns to civil responsibility which produced from owning modern stuffs;وَالْخَيْلَ وَالْبِغَالَ وَالْحَمِيرَ لِتَرْكَبُوهَا وَزِينَةً وَيَخْلُقُ مَا لَا تَعْلَمُونَ {And the horses, and the mules,and the donkeys—for you to ride,and for luxury. And He creates whatyou do not know} An-NahalAya (8), then knowing how to deal and control them. Whereas things in this age aren’t restricted to animals and manual simple machines only, other things appeared such as computers, ATM, Underground trains, cloverleaves interchange, subways, artificial rivers and the like; which can cause damage to others that why the research differs in responsibility regarding its far sights and discusses various problems which are the pedestal of the research. The researcher recommended attentions to know these modern things and what problems they might cause in human developed world. Also the research urges the category of legal legislators to work hard so as to form new laws and legislation to be up to date with thetechnological development and to illustrate how this responsibility is specific on individual whether normal or considerate.